The Arizona Independent Redistricting Commission was formed in 2000 after voters passed Proposition 106, which amended the Arizona Constitution to create a bipartisan commission independent of the state legislature to redraw congressional and legislative districts.

Writing the majority opinion, Justice Ginsburg states, "The people of Arizona turned to the initiative to curb the practice of gerrymandering and, thereby, to ensure that Members of Congress would have "an habitual recollection of their dependence on the people," In so acting, Arizona voters sought to restore the core principles of republican government, namely that the voters should choose their representatives, not the other way around. The Elections Clause does not hinder that endeavor."